Sep 20, 2007
The employment future of Greenwich Fire Department (GFD) Deputy Chief Joseph Benoit is now in the hands of an independent hearing officer.
Deputy Chief Benoit, who also serves as the GFD’s fire marshal, was placed on paid leave by First Selectman James Lash earlier this month, and a hearing will soon be held on whether he should be fired. At a special Board of Selectmen meeting on Sept. 13, the board unanimously approved the appointment of Michael Wittenberg, president of the Westchester County-based Bargaining Associates, as a hearing officer in the case.
Mr. Lash has said he decided to fire Deputy Chief Benoit, a 20-year GFD veteran, for cause, but has not made public the reasons for the decision except to say that it came as a result of several regular evaluations of his performance.
“It was not over one thing,” Mr. Lash told the Post.
Deputy Chief Benoit, a town resident, could not be reached for comment.
The last evaluation of Deputy Chief Benoit was done in August and submitted this month. Mr. Lash said he made the decision at that point to fire him, and under state law he first had to place Deputy Chief Benoit on paid leave so the hearing could take place to determine if the firing was justified. Mr. Lash said he could not release the employment records because when the reviews are done they’re put into an employee’s personnel file and each municipal employee has the right to block the release if he or she chooses. If the employee does block the release, an independent Freedom of Information board would have to decide whether the block is justified.
“We can’t just hand out personnel records of employees,” Mr. Lash said. He added the state process for these kinds of employment matters also blocked the immediate release of the information.
Greenwich Post has filed a request for the records under the Freedom of Information Act.
Deputy Chief Benoit will be informed by letter about the specific reasons Mr. Lash is seeking his dismissal. Once that letter is received the town will hold a hearing on the matter no less than five days and no more than 10 after the letter’s receipt. Mr. Lash said that at this time the letter has not been sent.
“This requires some care so we are taking our time to do it right,” Mr. Lash said.
Under the process, Mr. Wittenberg will meet with both Mr. Lash and Deputy Chief Benoit to get their perspectives for his evaluation. This can be done at an open or closed hearing and it will be Deputy Chief Benoit’s decision how to proceed.
Mr. Lash said the town is preparing for a public hearing, but isn’t sure if one would be held.
“I haven’t had any conversations with [Deputy Chief Benoit] since we sent him home,” Mr. Lash said. “I have no idea what he’s thinking, but it’s his choice.”
Mr. Lash said Mr. Wittenberg was named after being recommended by the town’s director of labor relations, Al Cava.
At the Sept. 13 meeting, James McDonald, who is the GFD’s fire inspector, was named interim fire marshal after unanimous approval from the selectmen.
GFD Chief Peter Siecinski told Greenwich Post on Tuesday he had no comment on the matter. He did say that there has been no impact on morale within the department because Deputy Chief Benoit worked in the fire marshal’s office, which is separate from the rest of the GFD.
kborsuk@greenwich-post.com
© Copyright 2007 by Hersam Acorn Newspapers